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F 2.71.7 n1 Pre-Offense Statement By Defendant: Sua Sponte Requirement.
In People v. Cartwright UNPUBLISHED (F017611), the Court of Appeal held that the failure to give CJ 2.71.7 sua sponte was prejudicial error. [FORECITE subscribers may obtain a copy of the Cartwright opinion. Ask for Opinion Bank # O-161.]
F 2.71.7a
Pre-Offense Statement By Defendant:
Jurors Are “Exclusive Judges” Of Whether Statement
Was Made And Whether It Was True
*Replace ¶ of CJ 2.71.7 with the following:
You are the exclusive judges as to whether the statement was made by the defendant and, if so, whether that statement is true in whole, in part, or not at all.
Points and Authorities
The above language was adapted from CJ 2.70 and CJ 2.71.
Moreover, if CJ 2.70 and/or CJ 2.71 are also given, the jury may improperly conclude that the omitted elements are expressly not applicable to CJ 2.71.5 and/or CJ 2.72.